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Divorce Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: I was married in GA when my son was born, but now divorced and want to confirm paternity. How can I do this?

My ex wife filed for divorce from me while I was incarcerated and won. I’ve always questioned his paternity based on her infidelity, but I know he needs a good dad. Now I’m remarried and my ex is making my life hell. She won’t allow me to see him, but receives child support. I don’t know... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 15, 2020

You can't force a DNA test outside of current litigation. You may file for legitimation and ask for a DNA test in the court of the custody proceedings.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

1 Answer | Asked in Divorce for Tennessee on
Q: I'm wanting my divorce from my ex that's currently incarcerated on drug charges and I'm disabled an can't pay for it

He is incarcerated on drug charges and he has cheated on me multiple times so I finally got smart and left almost 3 years ago and I'm disabled and notable to pay for my divorce and he thinks he is gonna be able to get away without giving me a divorce cause he said he ain't paying for it.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 15, 2020

I would contact your local Legal Aid Society. I'm not sure where exactly you are in Tennessee, but the folks in my area (Bradley County) use Legal Aid of East Tennessee. If you cannot find a Legal Aid Society, I would contact your local Bar Association and ask for lawyers that are doing pro... Read more »

1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... Read more »

1 Answer | Asked in Divorce for California on
Q: I was married in 1978 & divorced in 1985. I then married again in 1986 & divorced in 2006. The court shows no record of

my first divorce ever being finalized. What do I need to do if anything?

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

Yes, you need to finalize your first divorce and when it is finalized it needs to be made retroactive back to before your second marriage. Get a copy of your first divorce records at the courthouse. Take all the papers from your first divorce to a family law attorney and see what needs to be done... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I am 17 can I choose which parent I want to live with if they are still married?
Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

No, you cannot decide where you want to live, whether they are married or not.

2 Answers | Asked in Divorce for Louisiana on
Q: Do both parties (Husband and Wife) have to attend Mediation? LOUISIANA
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 13, 2020

Yes, if we were not in the midst of a pandemic. Now both can attend by Zoom.

If you are talking about a Hearing Officer Conference, the answer is the same.

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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Ex isn’t paying car payment that she got in divorce but it’s in my name.

Do I have to hire a lawyer to sue her to make her pay the payment. After a year she letting car go back because it’s in my name but in the divorce she got all rights to the car cause she wanted the car. She has mess my credit score up.

Stephen Rue
Stephen Rue answered on Jul 13, 2020

The community property judgement co trips if you have one.

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2 Answers | Asked in Divorce for California on
Q: In CA when turning in Petition-Dissolution of Marriage/Partnership (FL-100) what other papers need to be filed with it?

Do I have to turn in a Property Declaration Form (FL-160) or will we be able to discuss that in mediation? I haven't turned in any papers to the court yet so I do not have the initial court date to start the process. I know the papers have to be seen by a judge in order to have a court date... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

The short answer as to what papers to file is: It depends. It depends on whether you have children or not. Here is a link for a starting point at the Self-Help Center in Los Angeles County. Other counties have similar Self-Help Centers.... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Should my divorce paperwork have my maiden name or married on it for the courts.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 13, 2020

It should be your married name. The Judgment of Divorce will have a paragraph that allows you to resume the use of your maiden name.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can a non custodial parent claim visitation rights after 6 years of no visitation?

The father did not follow court order of letting my child visit me, the court order child to visit mother; he is now an adult and I had no contact at all. Can the father be held on contempt of court? I have not seen my child for 6 years.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

You should have brought this up with the court when it happened. It's quite possible that witnesses to what transpired have forgotten the details, so it is unlikely that contempt of court will be found.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Texas on
Q: My wife and I are getting a divorce she's not allowed me to see my son without any paperwork she is gone into hiding in

My wife and I are filing for divorce we have a three-year-old son who is not biologically yours he was given to us by my sister we have no legal adoption papers written out but he has been with us since birth we took him home the day after he was born he calls me father he calls her mother I want... Read more »

Ruby K Bolton
Ruby K Bolton answered on Jul 12, 2020

You have a number of complex issues that will require the assistance of an experienced family law attorney. Your divorce is most likely going to be a separate case from custody of your sister's biological child. Based on the facts you have listed, you or your wife, or the both of you together,... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I need to know my rights after my husband left me

I was the original titled owner of a fifth wheel but under duress, I was forced to put it in his sisters name. Now I’m kicked out within a weeks time of my husband leaving me to go to KY. What are my rights?

B. Elaine Jones
B. Elaine Jones answered on Jul 12, 2020

You need to consult with and retain an attorney right away before assets are disposed of without your consent. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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1 Answer | Asked in Divorce for New York on
Q: Is it to late to file for the retirement benefits owed to me from my divorce in 2007? I was married 9 1/2 yrs.

Divorce was granted to Ex-husband by default.I never signed paperwork.He is 65 and should be retiring soon or could be retired.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

You need to have a provision in your divorce decree that entitles you to a portion of his retirement benefits. If there is such a provision, you need to have a Qualified Domestic Relations Order done and signed by a judge and then served on the retirement plan. Speak with an attorney about... Read more »

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: when i got divorced, was the judge supposed to set up visitation since the father got custody of the child
Andrew M Steiger
Andrew M Steiger answered on Jul 12, 2020

It sounds like the father obtained sole legal and sole physical custody. Generally the other parent receives parenting time to some extent unless the circumstances require otherwise.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
Stephen Rue answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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1 Answer | Asked in Divorce for California on
Q: Can a paralegal working on my divorce get into trouble

Been asking her for days to get the papers signed she keeps putting me off

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

A paralegal cannot give legal advice. A paralegal can only type up documents based on your instructions. So a paralegal would not be signing your papers. You would be signing your own papers. A paralegal might be signing a Proof of Service form, for example Proof of Service by Mail, if that is... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... Read more »

1 Answer | Asked in Divorce and Child Custody for Kentucky on
Q: Is it against the law for a child to call a step parent mom or dad in the state of Kentucky
Timothy Denison
Timothy Denison answered on Jul 11, 2020

No. They can call the step parent whatever they like.

1 Answer | Asked in Divorce for North Carolina on
Q: So me and my ex husband got a divorce. He keep the dog and I got stuck with the vet bill can I sue for the money. NC

The credit debt has been given to a debt collector. He has all the log ins, refuses to pay and the people wont give me an option to reset log in so i CAN pay even if i wanted too cause he was the cosigner and the one that signed us up for it in the first place.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 10, 2020

It sounds very much like you divorced without consulting with an attorney. If so - that was likely a bad idea. The time to have resolved mutual marital debt (and a whole host of other marital issues) was during the divorce. If you did not do that, you are now likely barred from having the court... Read more »

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